Common use of Representation and Warranties of Supplier Clause in Contracts

Representation and Warranties of Supplier. Supplier represents and warrants, which warranties and representations will survive the term of this Agreement. 8.1 that the Product will conform to all specifications, including but not limited to those contained in Exhibit A, and will be merchantable, free from defects and will be fit for the purpose intended; 8.2 that the Product, including food articles, food ingredients, food packaging, and food labeling relating to or comprising the Product or any part thereof that is supplied by Supplier and delivered, sold or transferred to OFSC hereunder shall be manufactured, stored and delivered in full compliance iwth all applicable federal, state and local statutes, rules and regulations (the "Regulations"); 8.3 that the Product shall be manufactured, stored and delivered in accordance with appropriate "Good Manufacturing Practices" or similar practices that may be promulgated under the Regulations as applicable; 8.4 that the Product shall not be adulterated or misbranded within the meaning of the Regulations; 8.5 that the Product shall not be a food product which may not, under the Regulations, be introduced into interstate commerce except as provided herein; 8.6 that Supplier has the facilities and capacity to manufacture and supply the Product to OFSC in accordance with the specifications set forth on Exhibit A; and 8.7 that Supplier is free to enter into this Agreement, that Supplier's execution of this Agreement has been duly approved by all applicable corporate procedures, that this Agreement constitutes a legal, valid and binding obligation of Supplier, and that to Supplier's knowledge this Agreement will not violate the rights of any third party. These warranties shall be in additional to all other warranties, express, implied or statutory and in addition to all obligations contained in this Agreement. Payment for, inspection of, or receipt of the Product by OFSC shall not constitute a waiver of any breach or warranty.

Representation and Warranties of Supplier. Supplier represents and warrantswarrants that: (a) it has title to all of the Liquid Hydrocarbons contained in the Committed Gas delivered hereunder (to the extent Supplier owns or controls such Liquid Hydrocarbons), which warranties that it has good right to convey and representations will survive does hereby convey to Processor, free from all liens and adverse claims, Processor’s share of all Liquid Hydrocarbon Products and Residue Gas, all Plant Fuel Gas and all Shrinkage and title thereto, applicable to the Committed Gas, any and all line and incidental losses between the Receipt Point(s) and the Delivery Point(s) and that it has the right to deliver all Committed Gas during the term of this Agreement.; 8.1 that (b) all royalties, taxes, license fees or other charges on the Product will conform to all specifications, including but not limited to those contained in Exhibit ACommitted Gas and Residue Gas available for delivery at the Delivery Point(s), and will Liquid Hydrocarbon Products have been or shall be merchantable, free from defects and will be fit for the purpose intendedpaid when due; 8.2 (c) it has the right to deliver the Committed Gas to the Receipt Point(s) as provided in this Agreement and that it will not transfer or assign any of the Productinterests it has in the leases or land in the Committed Area to any third party without obtaining the agreement of such third party to be bound by the terms of this Agreement, including food articles, food ingredients, food packaging, and food labeling relating as such may be amended from time to or comprising time by agreement of the Product or any part thereof that is supplied by Supplier and delivered, sold or transferred to OFSC hereunder shall be manufactured, stored and delivered in full compliance iwth all applicable federal, state and local statutes, rules and regulations (the "Regulations")Parties; 8.3 that the Product shall be manufactured, stored and delivered in accordance with appropriate "Good Manufacturing Practices" or similar practices that may be promulgated under the Regulations as applicable; 8.4 that the Product shall not be adulterated or misbranded within the meaning of the Regulations; 8.5 that the Product shall not be a food product which may not, under the Regulations, be introduced into interstate commerce except as provided herein; 8.6 that Supplier (d) it has the facilities and capacity to manufacture and supply the Product to OFSC in accordance with the specifications set forth on Exhibit A; and 8.7 that Supplier is free all requisite authority to enter into this Agreement and to perform its obligations under this Agreement, that Supplier's execution this Agreement shall not violate, nor be in conflict with, any provision of its charter or by-laws, and that the execution, delivery, and performance of this Agreement have been duly and validly authorized by all requisite corporate action on its part; and (e) this Agreement has been duly approved executed and delivered by all applicable corporate proceduresSupplier, that this Agreement constitutes a legal, valid and binding obligation of Supplier, and that to Supplier's knowledge this Agreement will not violate the rights no consent or approval of any third party. These warranties shall be in additional party or other person or entity is necessary with respect to all other warranties, express, implied or statutory such execution and in addition to all obligations contained in this Agreement. Payment for, inspection ofdelivery, or receipt of the Product by OFSC shall not constitute a waiver of any breach or warrantyto make this Agreement fully effective and binding upon Supplier.